This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The decision does not detail the substance of the petitioner's proposed endeavor; it only references that she sought an NIW as an advanced degree professional and that the national importance of that unspecified endeavor was previously found unestablished.
Field: unspecified · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO's prior decision withdrew the Director's finding that Petitioner qualified as an advanced degree professional, because the evidence was insufficient to show she had gained five years of progressive post-baccalaureate experience; on motion, Petitioner declined to contest this ground, and AAO deemed it waived, making it dispositive of the motion.
Prong 1 — national importancenot established
“she had not established the national importance of her proposed endeavor”
“we decline to reach and hereby reserve the Petitioner's arguments regarding the national importance of her proposed endeavor”
AAO decision text
How the evidence was treated
- motion resubmission · ignored
“The Petitioner has not submitted additional evidence in support of the motion to reopen.”
AAO decision text - resume experience · discounted
“the evidence was insufficient to show that she had gained five years of progressive post-baccalaureate experience”
AAO decision text
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Notable
The dispositive issue was procedural: Petitioner argued the AAO could not consider the underlying EB-2 classification ground because she had not raised it on appeal, citing Matter of O-R-E-. AAO rejected this, holding de novo appellate review permits it to identify additional grounds of ineligibility sua sponte, and because Petitioner declined to substantively contest that ground on motion, deemed it waived and dispositive, expressly declining to reach the national importance (prong 1) arguments as unnecessary.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- Matter of Coelho
- Matter of L-A-C-
- Matter of O-R-E-
- Matter of R-A-M-
Cases in adjacent profiles
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- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp